Directory_and_Chronicle_1932 — Page 140

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FOREIGN JURISDICTION ACT, 1890

Validity of acts 8. Where, by Order in Council made in pursuance of this Act, any done under Order British court in a foreign country is authorised to order the removal or

in Council.

Power to assign jurisdiction to

British Courts in

cases within Foreign

deportation of any person from that country, that removal or deportation, and any detention for the purposes thereof, according to the provisions of the Order in Council, shall be as lawful as if the order of the court were to have effect wholly within that country.

9. It shall be lawful for Her Majesty the Queen in Council, by Order, to assign to or confer on any court in any British possession, or held under the authority of Her Majesty, any jurisdiction, civil or criminal, Jurisdiction Act. Original or appellate, which may lawfully by Order in Council be assigned to or conferred on any British court in any foreign country, and to make such provisions and regulations as to Her Majesty in Council seem meet respecting the exercise of the jurisdiction so assigned or conferred and respecting the enforcement and execution of the judgments, decrees orders, and sentences of any such court, and respecting appeals therefrom

Power to amend Orders in Council.

Laying before Parliament, and effect of Orders in Council.

In what cases Orders in

Council void repugnancy.

Provisions for protection of persons acting under

10. It shall be lawful for Her Majesty the Queen in Council to revoke or vary any Order in Council made in pursuance of this Act.

11. Every Order in Council made in pursuance of this Act shall be laid before both Houses of Parliament forthwith after it is made, if Parliament be then in session, and if not, forthwith after the commence- ment of the then next session of Parliament, and shall have effect as if it were enacted in this Act.

12.-(1.) If any Order in Council made in pursuance of this Act as respects any foreign country is in any respect repugnant to the provisions of any Act of Parliament extending to Her Majesty's subjects in that country, or repugnant to any order or regulation made under the authority of any such Act of Parliament, or having in that country the force and effect of any such Act, it shall be read subject to that Act, order, or regulation, and shall, to the extent of such repugnancy, but not otherwise, be void.

(2.) An Order in Council made in pursuance of this Act shall not be, or be deemed to have been, void on the ground of repugnancy to the law of England unless it is repugnant to the provisions of some such Act of Parliament, order, or regulation as aforesaid.

13.-(1.) An action, suit, prosecution, or proceeding against any person for any act done in pursuance or execution or intended execution of this Act, or of any enactment repealed by this Act, or of any Foreign Jurisdic. Order in Council made under this Act, or of any such jurisdiction of Her

tion Acts.

Majesty as is mentioned in this Act, or in respect of any alleged neglect or default in the execution of this Act, or of any such enactment, Order in Council, or jurisdiction as aforesaid, shall not lie or be instituted:

(a.) in any court within Her Majesty's dominions, unless it is commenced within six months next after the act, neglect, or default complained of, or in case of a continuance of injury or damage within six months next after the ceasing thereof, or where the cause of action arose out of Her Majesty's dominions within six months after the parties to the action, suit, prosecu- tion, or proceeding have been within the jurisdiction of the court in which the same is instituted; nor

(b.) in any of Her Majesty's courts without Her Majesty's dominions unless the cause of action arose within the jurisdiction of that court, and the action is commenced within six months next after the act, neglect or default complained of, or, in case of a continuance of injury, or damage, within six months next after the ceasing thereof.

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